STATE OF MAHARASHTRA Vs. BHARAT CHHABURAO MOKAL

JUDGEMENT

(1.) The State has invoked Sec. 378(1)(b) of the Code of Criminal Procedure (Cr.P.C.) thereby seeking leave to file appeal against judgment and order dtd. 7/2/2018 by Additional Sessions Judge, Sangamner in Sessions Case No.28 of 2009 by which present respondents have been acquitted from charges under Ss. 306 , 304-B, 498-A r/w 34 of the Indian Penal Code ( IPC ).

(2.) Learned APP for the applicant would state that in support of above charges, in trial Court, prosecution has examined father of deceased PW1 Bhimraj. He has stated about marriage of his deceased daughter on 14/2/2005 with accused respondent no.1. Rest of the respondents are parents-in-law of deceased. That accused persons were demanding Rs.1,00,000.00 for construction of a well and they were annoyed for delivering second girl child. There was harassment in that backdrop. That only because of such harassment and instigation, deceased committed suicide by jumping in well. That, apart from the testimony of father, prosecution has also examined PW2 Sagar, brother of deceased and he has lend support to the version of his father on the point of harassment to deceased on account of demand of Rs.1,00,000.00 and for delivering girl child for second time also. That, there was continuous ill-treatment and demand at the hands of accused husband and in-laws. That, understanding was given by the father of deceased to accused on day prior incident. However, on the very next day, deceased went missing and dead body was found in a well. It is pointed out that all ingredients for commission of offence under Ss. 304-B, 306 , 498-A r/w 34 of the IPC were available in the evidence. Investigation at the hands of PW3 Ramnath Padvale (ASI) and PW4 Suresh Whaval (HC) had revealed complicity of accused. Therefore, with such quality of evidence when guilt was brought, it is submitted by the learned APP that, charge was proved. However, learned trial Court has failed to appreciate and consider the evidence and the law and hence, according to her, State intends to challenge the impugned judgment and order and hence the prayers.

(3.) After hearing submissions, we have gone through the entire chargesheet and both, oral and documentary evidence.